Smartly Terms of Use
Updated 8/8/2024
Welcome to Smartly Technologies! These Terms of Service (“Terms”) govern your use of Smartly Technologies’ website, services, and application (collectively, the “Service”). By using the Service, you agree to be bound by these Terms, as well as our Privacy Policy. If you do not accept these Terms, you may not use the Service.
Smartly Technologies reserves the right to modify these Terms at any time. You agree to review the Terms periodically to be aware of such modifications. Your continued use of the Service after the posting of any modifications constitutes your acceptance of the modified Terms.
You must be at least 18 years of age to use the Service. You agree to provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form. You agree to maintain and promptly update your registration data to keep it true, accurate, current, and complete.
Your privacy is important to Smartly Technologies. Smartly Technologies’ use of personal information is governed by our Privacy Policy, which is incorporated into these Terms by this reference.
You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree not to post on the Service any materials that violate or infringe upon the rights of any third party, including copyrighted, trademarked, or confidential information, and not to use the Service for any illegal or unauthorized purposes.
Smartly Technologies reserves the right to terminate your access to the Service at any time, without notice, for any reason, including but not limited to your violation of these Terms.
The Service is provided on an “as is” and “as available” basis. Smartly Technologies disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
In no event shall Smartly Technologies be liable for any damages whatsoever, including but not limited to any special, incidental, consequential, or punitive damages arising out of the use of or inability to use the Service, even if Smartly Technologies has been advised of the possibility of such damages.
You agree to indemnify, defend, and hold harmless Smartly Technologies, its officers, directors, employees, agents, and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Service, including but not limited to any violation by you of these Terms.
These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state or federal courts located in San Diego County, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.
These Terms constitute the entire agreement between you and Smartly Technologies and govern your use of the Service, superseding any prior agreements between you and Smartly Technologies with respect to the Service.
The failure of Smartly Technologies to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Please report any violations of these Terms to Smartly Technologies at help@smartly.net.
You may contact Smartly Technologies at help@smartly.net with any questions regarding these Terms.
By using the Service, you accept these Terms, and you agree to be bound by them.
Copyright 2024 Smartly Technologies, LLC. All rights reserved.